AFFILIATE PROGRAM AGREEMENT
These Fable Affiliate Program Terms & Conditions (the “Agreement”) contain terms and conditions that apply to your participation as an Affiliate (as that term is defined herein) in the Fable Affiliate Program (the “Program”), and the establishment of links from your website or digital location (also referred to as “your site”) to fablepets.com.
As used in this Agreement, “we,” “our,” or “us” shall mean Fable Pets, Inc. (“Fable”), and “you” and “your” shall mean the Affiliate. “Affiliate” shall mean a person or company that participates in the Fable Affiliate Program.
By submitting your Fable Affiliate Program Application (the “Application”) and participating in the Program, you are confirming that you have read and understand this Agreement, you represent and warrant that you are lawfully able to enter into contracts, and you agree to be bound by, and will continue to comply with, these terms and conditions throughout the full duration of your participation in the Program. Additionally, you acknowledge and agree that by submitting your Application, which may include clicking an acceptance box, the effective date of this Agreement will be the date on which you submit your Application.
1. Approval or Rejection of the Application
We reserve the right to approve or reject any Fable Affiliate Program Application in our sole and absolute discretion. Affiliate will have no legal or other recourse against Fable for the rejection of its Application.
2. Commissions
We will pay commissions once a month through ShareASale.
You cannot refer yourself, and you will not receive a commission on your own accounts or product purchases. There is also a limit of one commission per referral. If someone clicks the link on your site and orders multiple products, then you will receive a commission on the first order only. The Affiliate shall refer only new, unique, and legitimate customers (i.e., customers not previously existing to Fable).
Payments will be sent only for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out in commissions.
3. Termination
Your Application and participation in the Program may be suspended or terminated for any reason, including any of the following:
Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
Spamming (mass email, mass newsgroup posting, etc.).
Advertising on sites containing or promoting illegal activities.
Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.
Violation of intellectual property rights. Fable reserves the right to require license agreements from those who use trademarks of Fable in order to protect our intellectual property rights.
Offering rebates, coupons, or other forms of promised kick-backs from your affiliate commission as an incentive. Adding bonuses or bundling other products with Fable Pets, however, is acceptable.
Self referrals, fraudulent transactions, suspected Affiliate fraud.
In addition to the foregoing, Fable Pets reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or any other reason in Fable’s sole and absolute discretion.
4. Affiliate Links
You may use graphic and text links both on your site and within your email messages.
You may use the graphics and text provided by us, or you may create your own, as long as they are pre-approved and deemed appropriate by the Fable team.
5. Coupon and Deal Sites
Fable occasionally offers coupons to select Affiliates and to our newsletter subscribers. If you are not pre-approved or assigned a branded coupon, then you are not permitted to promote the coupon. Below are the terms that apply for any Affiliate who is considering the promotion of our products in relation to a deal or coupon:
Affiliates may not use misleading text, buttons, or images on Affiliate links to imply or suggest anything other than currently authorized deals to the specific Affiliate.
Affiliates may not bid on Fable Coupons, Fable Discounts or other phrases implying coupons are available.
Affiliates may not generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set Affiliate cookies unless the user has expressed a clear and explicit interest in activating a specific savings by clicking on a clearly marked link, button, or image for that particular coupon or deal. Your link must send the visitor to the merchant site.
User must be able to see coupon/deal/savings information and details before an affiliate cookie is set (i.e., “click here to see coupons and open a window to merchant site” is prohibited).
Affiliate sites may not have “Click for (or to see) Deal/Coupon” or any variation, when there are no coupons or deals available, and the click opens the merchant site or sets a cookie. Affiliates with such text on the merchant landing page will be removed from the Program immediately.
6. Pay Per Click (PPC) Policy
Pay Per Click (“PPC”) bidding is expressly prohibited without prior written permission from Fable.
7. Trademark, Advertising and Search Engine Restrictions
You agree not to take any action that could reasonably cause any customer confusion as to our relationship with you, and you will not display or otherwise use Fable Marks except as expressly permitted in this Agreement. Without limiting these general requirements, you also specifically agree that:
Affiliate will not include any Fable Marks, or any variation or misspelling thereof, in any domain name, URL, or similar identifier used by you;
Your sites will not copy or resemble the look, feel or content of Fable or create any impression that your sites are part of Fable sites;
You will not post or serve any Fable links or other content promoting Fable sites or products within any pop-up or pop-under windows, transitional page ads, or layer ads around or in conjunction with the display of any site that is not your approved site.
Use of domain names containing our brand terms and their misspellings (including Fable) violate the terms of the affiliate relationship.
Affiliates are not permitted to engage in any scraping, data extraction, or data gathering on any of Fable sites.
You will not generate or send any re-targeting links through Search Engine Marketing, social media marketing, email messages, text or mobile messages, or other electronic messages using or containing Fable Marks, Fable Links, Fable Imagery, or other Fable Content, or send any electronic messages that in any way suggest or imply (including without limitation, via the return address, subject heading, header information or message contents) that we are the sender or sponsor of such message. Any ads for including the mention of Fable must receive written approval from Fable prior to running.
You agree that you will not purchase or bid for the placement of any Fable Marks, or any variation or misspelling thereof, within any search results appearing on any Search Engine (whether on a PPC basis or otherwise, and including any "sponsored" results and other paid advertising). Without limiting our other rights, upon our request you will cause any Search Engine to exclude Fable from keywords used to display your advertising content in association with search results (e.g., so-called negative keyword bidding) if the Search Engine offers such exclusion capabilities. “Search Engine” means any search engine, portal, sponsored advertising service, or other search or referral service, any other search engine, portal, sponsored advertising service, or other search or referral service (including without limitation Google, Yahoo and Bing), or any site that participates in any of their respective networks.
You also agree to the following additional Search Engine advertising restrictions: (i) all advertisements for your Approved Sites must be directed to Approved Sites or a page within your Approved Sites, (ii) none of your advertisements may link directly to Fable Sites or any page within a Fable Site, and (iii) you will not display any Fable Site URL as the URL in your advertisements.
We restrict affiliates from keyword bidding on Trademark and Trademark Plus terms and their misspellings.
